Ranil is holding a referendum to repeal the executive presidential system. Ranil’s plan after abolishing the executive presidential system is to enter parliament as the executive prime minister and remain in power until 2025… (Latest Sri Lanka News)
This is a hot topic these days in a variety of forums throughout the country. Anura Kumara stated the same thing at a recent political gathering. His emphasis was that, as a party, they welcome the move to abolish the executive presidency and would support a referendum if an extension clause was added to read that the current parliament should also be dissolved along with the presidency’s abolition.
‘However, under the current constitution, can Ranil abolish the executive presidential system through a referendum, as fruit comes from a tree all at once?’
‘Is it possible to enter parliament as the executive prime minister and continue the government in this manner without any hazel until 2025?’
These could easily be uttered on political platforms or spent sleepless nights with friends discussing how to stay in power by shrinking the electoral map, but it is not as easy to implement as the plotters believe. Whatever it is, it must adhere to the country’s constitution.
Can Ranil play this game under the current rules?
Despite the fact that local government elections are mandated by the constitution, they were never held and were postponed with the excuse of “lack of funds.” As the court’s order to release funds for the elections was ignored, Ranil could play the same game with the same plan in the presidential elections as well.
Many believe that the provincial council elections vanished during Ranil’s previous tenure and the local government elections were postponed indefinitely, the presidential election too will vanish into thin air with no trace and he will remain in the presidential chair.
‘Is he really capable of doing that?’
The best person to talk about it is none other than Sarath N. Silva who served as the Chief Justice of this country.
This is how Mr. Sarath N. Silva. Spoke to ‘Mawrata’ about this.
A number of agencies that implement democracy in the country are disabled at present. The provincial councils are over. The local government election has been postponed. Only the presidential election and the general election are left. Now the President is trying to mess up this too. Because he is not a president elected by the people but only a president elected by the parliament, he does not need to be accountable to the people. Everything he does through the parliament.
Unlike the provincial council or local government elections, the constitution has clearly prescribed the provisions for holding the presidential election. It is mentioned in Article 31 (3). It clearly says:
(3) The poll for the election of the President shall be taken not less than one month and not more than two months before the expiration of the term of office of the President in office.
As per the article, the term of office of Mr. Gotabhaya Rajapaksa, who was elected by the people for 5 years, will end in November next year. Mr. Ranil Wickramasinghe became the President only for the remaining term of Gotabaya. Then a date between September and October next year should be fixed for the presidential election. That period starts in August.
‘Then, as it is said, is it not possible to extend the term of the president by holding a referendum?’
The former Chief Justice’s reply to the question which is the talk of the country today was:
‘Cannot do that, if that is done, a two-thirds majority in the parliament and a referendum should be held. This president cannot get two-thirds of the current parliament to do something like this.
‘In that case, Ranil can abolish the executive presidential system as they say and come to the parliament as the executive prime minister. If the executive is to be abolished, no one in the parliament can oppose it. So that proposal can get a two-thirds majority in the parliament?’
The former Chief Justice’s reply was:
For that, a proposal to abolish the executive presidential system alone to the parliament is not sufficient. A completely new constitutional amendment should be brought. It is a very complicated process. A two-thirds majority in the parliament is required. Next, a referendum should be held and the approval of the people should be obtained. It will take a long time. Such a thing cannot be done suddenly.
Can’t Ranil just suspend the constitution or a section of the constitution or a part of the constitution and play this kind of game? Since Ranil is a mastermind to creep through the loopholes in the statute will he not play such a game?
The former Chief Justice had a legal reply to this:
No, it cannot be done anyway. No section or chapter of the constitution can be suspended for any reason whatsoever. A judgment has been given about it before. If that is done, the entire constitution should be removed and a new constitution should be brought. It also requires a two-thirds majority and popular approval through a referendum. That provision is clearly written in Article 75 of the Constitution.
75. Parliament shall have power to make laws, including laws having retrospective effect and repealing or amending any provision of the Constitution, or adding any provision to the Constitution:
Provided that Parliament shall not make any law – (a) suspending the operation of the Constitution or any part thereof; or (b) repealing the Constitution as a whole unless such law also enacts a new Constitution to replace it.
‘Okay, then, if the presidential election cannot be postponed, if it has to be held on the scheduled date, who has the power to be responsible for it?’
The Election Commission is responsible for that. It is clearly recorded under provision 104 (b) 1. Here’s what it says.
104 (a)1 The Commissioner of Elections shall exercise, perform or discharge all such powers, duties or functions as may be conferred or imposed on or vested in him by the law for the time being in force relating to elections to the office of President of the Republic and of Members of Parliament, and to Referenda, or by any other written law (a) the Commission or (b) all powers, functions and duties delegated or imposed on the Commission or (b) the Election Commissioner-General shall exercise, perform and perform all the powers, functions and duties of the Commission.
So it is clear that the Election Commission is responsible for conducting the presidential election.
So, in the same article, it is the responsibility of the Election Commission to conduct provincial council and local government elections. But the Treasury Secretary Mr. Mahinda Siriwardena did not issue money for it because he did not have money. The government printer said that ballot papers cannot be printed if money is not given. If the same happens in the presidential election, will there be no presidential election…?’
No, you can’t do that. Section 104(b)2 mentions the necessary provisions for that. That clause says something like this.
104(b) 2 It shall be the duty of the Commission to secure the enforcement of all laws relating to the holding of such poll or referendum, and it shall be the duty of all Governmental authorities charged with the enforcement of such laws to assist the Commission in enforcing and securing such laws.
Therefore, no government official can get rid of that responsibility. It is a punishable offence. No one has the power to say that there is no money to hold local government elections. To say so is a dereliction of duty. Now a court case is being heard about it. So now there is no other option. Hence there is no option other than holding the presidential election next year.
The former Chief Justice finally provided such a firm reply.
‘The presidential election will be held at the right time as stated in the constitution…’ – Ranil Wickramasinghe – at the UNP Special Conference
‘Let’s give Mr. Ranil Wickramasinghe a chance to become president without anyone submitting nominations as a candidate for the presidential election. By doing that, let’s save an amount of 13 billion that will be spent on the presidential election…’ – Vajira Abeywardena – UNP President
Two stories told by ‘Ranil and Vajira last week, because, as former Chief Justice Sarath N. Silva says, even knowing that the presidential election cannot be postponed after seeking legal advice elsewhere?’
